Karoua v Taareeti [2003] KIHC 48; Land Appeal 15 of 2001 (24 April 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Land Appeal 15 of 2001

Between:

BURENNEITA KAROUA
MIRIAN BURENNEITA
Appellants

And:

AINETE TAAREETI
Respondent

For the Appellants: Mr Banuera Berina
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 24 April 2003

JUDGMENT
(Ex Tempore)

This action arises out of an unhappy family dispute. The mother and father are separated: the mother, the respondent lives separately from the father. She is the owner of a house and has given possession of it to her daughters. One daughter, aged 22 is at present in Fiji: the other, aged 18, lives in the house. So does the father who is living there with another woman. The mother took proceedings to make the father leave. She succeeded before the Single Magistrate. Having heard the arguments of Mr Berina and Ms Taoaba we have come to the conclusion that the daughters have possession of the house from their mother. It is up to them to decide who occupies the house with them. If the Respondent wants to evict her former husband then her course is to take proceedings to evict the daughters: if she is successful in those proceedings then the father and his partner as well as the daughters will have to leave. The mother cannot get an order just to evict her former husband.

The appeal is allowed and the order of the Single Magistrate quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate